Most wrongful death cases occur because one person dies in an event that was caused by the carelessness and negligence of somebody else. These cases might involve motor vehicle accidents, but they might also arise due to dangerous conditions, unsafe premises, dangerously defective products, or even an act or failure to act by a health care professional.
Damages in Colorado Wrongful Death Cases
Every state has enacted its own wrongful death laws. Colorado’s wrongful death statute is found at CRS 13-21-201, et seq. The statute details who might be allowed to bring a wrongful death case in Colorado and when the action might be maintained.
The statute also details what types of damages can be sought in a wrongful death case along with the maximum damages that can be recovered. According to personal injury attorneys in Summit County, those damages might consist of:
- Lost earnings and other income that the decedent would have earned during his or her lifetime
- Medical expenses for the victim in connection with the injuries that caused his or her death
- Lost benefits as a result of the death
- Funeral and burial costs
Colorado Survival Actions
Along with the damages suffered by loved ones when they lose a family member in a wrongful death, the damages suffered by the decedent him or herself can also be sought through a survival action. The only individual permitted to file this type of lawsuit in Colorado is the personal representative of the decedent.
Survival actions are filed in addition to wrongful death lawsuits. To be successful, a survival action must show that the decedent survive for a period of time, however brief, after the accident and that the accident was caused by another person’s wrongful actions.
If you have questions about bringing a wrongful death claim or survival action in or around Breckenridge, CO, contact a professional injury attorney in Summit County by phone or email to arrange for a free consultation and case evaluation. Colorado has set strict time limits on these types of cases, so be sure to get in touch as soon as possible.
